North Carolina General Statutes 20-137.11. Title to vest in State
(a) The Commission shall consist of 11 voting public members and 10 nonvoting ex officio members. The 11 voting public members of the Commission shall be appointed by the Governor as follows:
(1) One member who shall be actively involved in the field of environmental protection;
(2) One member who shall be an employee of one of the licensed public utilities involved in the generation of power by atomic energy;
(3) One member who shall have experience in the field of atomic energy other than power generation;
(4) One member who shall be a scientist or engineer from the faculty of one of the institutions of higher learning in the State;
(5) One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Medical Society;
(6) One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Dental Society;
(7) One member who shall have recognized knowledge in the field of radiation and its biological effects from the State at large;
(8) One member who shall have recognized knowledge in the field of radiation and its biological effects and who shall be a practicing hospital administrator from the North Carolina Hospital Association;
(9) One member who shall have recognized knowledge in the field of radiation and its biological effects from the North Carolina Chiropractic Association;
(10) One member who shall have recognized knowledge in the clinical application of radiation, shall be a practicing radiologic technologist from the North Carolina Society of Radiologic Technologists, and shall be certified by the American Registry of Radiologic Technologists;
(11) One member who shall have recognized knowledge in the clinical application of radiation and shall be a practicing podiatrist licensed by the North Carolina State Board of Podiatry Examiners.
(b) Public members so appointed shall serve terms of office of four years. Four of the initial members shall be appointed for two years, three members for three years, and three members for four years. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death or disability of a public member shall be for the balance of the unexpired term. At the expiration of each public member’s term, the Governor shall reappoint or replace the member with a member of like qualifications. At its first meeting on or after July first of each year, the Commission shall designate by election one of its public members as chairman and one of its public members as vice-chairman to serve through June thirtieth of the following year.
(c) The 10 ex officio members shall be appointed by the Governor, shall be members or employees of the following State agencies or their successors, and shall serve at the Governor’s pleasure:
(1) The Utilities Commission.
(2) The Commission for Public Health.
(3) The Environmental Management Commission.
(4) The Board of Transportation.
(5) The Division of Emergency Management of the Department of Public Safety.
(6) The Division of Health Service Regulation of the Department.
(7) The Department of Labor.
(8) The Industrial Commission.
(9) The Department of Insurance.
(10) The Medical Care Commission.
(d) The Governor shall have the power to remove any member from the Commission for misfeasance, malfeasance, or nonfeasance in accordance with N.C. Gen. Stat. § 143B-13
(e) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of N.C. Gen. Stat. § 138-5
(f) A majority of the public members of the Commission shall constitute a quorum for the transaction of business.
(g) All clerical and other services required by the Commission shall be supplied by the Secretary. ?(1975, c. 718, s. 1; 1989, c. 727, s. 219(18); 1989 (Reg. Sess., 1990), c. 1004, ss. 19(b), 41; 1991, c. 342, ss. 2, 3; 2002-70, s. 2; 2007-182, s. 2; 2011-145, ss. 13.3(ddd), 19.1(g); 2011-391, s. 27(c).)
Terms Used In North Carolina General Statutes 20-137.11
- Atomic energy: means all forms of energy released in the course of nuclear fission or nuclear fusion or other atomic transformations. See North Carolina General Statutes 20-137.6
- Commission: means the Radiation Protection Commission. See North Carolina General Statutes 20-137.6
- Department: means the Department of Health and Human Services. See North Carolina General Statutes 20-137.6
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency, and further any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department and arising from the presence of by-product material, source material, special nuclear materials, or other radioactive materials, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment. See North Carolina General Statutes 20-137.6
- Ex officio: Literally, by virtue of one's office.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Quorum: The number of legislators that must be present to do business.
- Radiation: means gamma rays and x-rays, alpha and beta particles, high speed electrons, protons, neutrons, and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves including those with frequencies between three times 10 to the eighth power cycles per second and three times 10 to the twenty-fourth power cycles per second and wavelengths between one times 10 to the minus fourteenth power centimeters and 100 centimeters. See North Carolina General Statutes 20-137.6
- Secretary: means the Secretary of Health and Human Services. See North Carolina General Statutes 20-137.6
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3